Amends GS 50-13.2(b1), concerning visitation rights of grandparents under custody orders, providing that if there is no pending action regarding the custody of the child, a grandparent can institute an action or proceeding for visitation rights with the child. Allows a court to award visitation rights to a grandparent if by clear and convincing evidence the court determines the following: (1) there are compelling circumstances to overcome the presumption of the parent's right to determine the child's best interest; (2) a parent of the child is deceased, incapacitated due to a physical or mental disability, or incarcerated; and (3) visitation is in the best interest of the child. Sets out seven factors for consideration the court can consider when determining if visitation is in the best interest of a child, including the mental and physical health of the child and the mental and physical health of the grandparent.
Effective October 1, 2015, applying to actions for visitation rights commenced on or after that date.
EXPAND GRANDPARENT VISITATION RIGHTS.
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO PROVIDE FOR AN EXPANSION OF RIGHTS UNDER EXISTING LAW PERTAINING TO GRANDPARENT VISITATION.Intro. by McKissick, Cook.
Status: Re-ref to Judiciary II. If fav, re-ref to Health Care (Senate Action) (Apr 15 2015)
Bill History:
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Thu, 26 Mar 2015 Senate: Filed
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Mon, 30 Mar 2015 Senate: Passed 1st Reading
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Mon, 30 Mar 2015 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 15 Apr 2015 Senate: Withdrawn From Com
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Wed, 15 Apr 2015 Senate: Re-ref to Judiciary II. If fav, re-ref to Health Care
S 614
Bill Summaries:
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Bill S 614 (2015-2016)Summary date: Mar 30 2015 - View Summary
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